D. KRISHNE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Criminal Revision Petition under Section 397(1) of Cr.P.C. is filed to set aside the order dated 31.05.2008 in C.C. No. 46/2004 on the file of the II Civil Judge, Junior Division and J.M.F.C., Mysore and to set aside the order dated 23.09.2009 in Criminal Appeal No. 138/2008 on the file of the II Additional Sessions Judge, Mysore dismissing the appeal filed by the petitioner/accused against his conviction for the offences punishable under Sections 279, 338 of IPC.

(2.) THE petitioner was the accused before the Magistrate in C.C. No. 46/2004. On 02.12.2013 at about 9.45 pm, the petitioner -D. Krishnegowda was proceeding on his Hero Honda Motorcycle bearing Reg. No. KA 11 H 2558 from Mysore towards Bannur and at that time, one Channaiah along with two pillion riders came in Motorcycle bearing Reg. No. KA 09 EB 5688 from opposite direction and dashed against each other. There was head on collision between both the Motorcycles. As a result of impact, both the riders and the pillion riders sustained injuries. Crime came to be registered in connection with the accident and the police, after investigation, filed the charge -sheet against both the riders. The charge -sheet filed against D. Krishnegowda was registered as C.C. No. 46/2004 and the charge -sheet against Channaiah was registered as C.C. No. 47/2004 on the file of the II Additional Civil Judge and J.M.F.C., Mysore. After recording the evidence and hearing arguments, by common judgment dated 3105.2008 both the riders D. Krishegowda and Channaiah were convicted for the aforesaid offences and sentenced to pay fine.

(3.) HEARD the learned counsel for the petitioner' is preferred, and the learned High Court Government Pleader.